《旅行契约国际公约》评介

1970年世界旅游组织(WTO)在布鲁塞尔制定的《旅行契约国际公约》,比较全面地规范了旅游契约的主要内容。根据该公约的规定,旅行契约包括有组织的旅行契约和中间人承办的旅行契约两类;旅游契约的主体有三类:旅行业者、旅行业中间人和旅行者。而且公约中也详细规定了旅客与旅游营业人的权利与义务以及旅游营业人责任的限制与免除等。这对我国的相关立法有较高的借鉴意义。     

论国际海事条约在中国的适用方式

国际海事条约的适用方式是指一国如何援引国际海事条约处理具体问题的方式,包括直接适用和间接适用.目前,中国采用直接适用还是间接适用的方式适用国际海事条约尚无定论,必须结合国际海事条约自身的特点,分析其在中国国内适用的局限性,深入剖析中国采用直接适用方式和间接适用方式的利弊,才能够减少司法中的矛盾和混乱,弥补中国海事立法的不足,促进海事立法的完善.     

国际公约中海盗罪构成要件的修改与完善

鉴于目前国际公约关于海盗罪构成要件的规定明显限制对海盗罪的全面有效惩治,在对公约中海盗罪的概念及构成要件与当今海盗罪案发特点相比较的基础上,提出应将此罪的犯罪主体、主观方面、行为对象以及犯罪地点等要素予以重新界定,并对当今应如何放宽海盗罪的认定条件提出建议.     

论涉台海事案件直接适用国际海事公约

中国涉台海事案件类比涉外案件处理。当中国为国际海事公约缔约国时,公约在涉台海事案件中有直接适用之余地。国际海事公约的直接适用以该公约与国内法存在冲突或者国内法缺失相关规定为前提,当公约与国内法规定相一致时,则适用国内法。同时,应区分私法和公法性质的国际海事公约,私法性质的国际海事公约能够直接适用,而公法性质的国际海事公约其直接适用的范围以技术条款为限。当中国为非公约缔约国之时,因国际海事公约的效力及于非缔约国,因此通过冲突规范的指引,国际海事公约也可以适用于涉台海事案件。     

The impact of local linkages, international linkages, and absorptive capacity on innovation for foreign firms operating in an emerging economy

This study analyzes the impact of local linkages, international linkages, and absorptive capacity on firm innovation for firms based in one emerging economy while operating in another emerging economy. Testing research hypotheses derived from the institutional and organizational learning perspectives on a sample of 102 Taiwanese manufacturing firms operating in China, we find that the impact of international linkages is greater than that of local linkages, while both local and international linkages have a positive impact on innovation. Further analysis confirms that absorptive capacity has a stronger moderating effect on the relationship between local linkages and innovation than it does on the relationship between international linkages and innovation.     

Homicide-suicide and other violent deaths: an international comparison

Homicides followed by the suicide of the perpetrator constitute a serious form of interpersonal violence. Until now no study has directly compared homicide-suicides to other violent deaths from multiple countries, allowing for a better understanding of the nature of these violent acts. Using country-specific data, this study describes and compares the incidence and patterns of homicide-suicide as well as the relationship between homicide-suicide, homicide, suicide and domestic homicide in the Netherlands, Switzerland and the United States. The results indicate that cross-nationally, homicide-suicides are more likely than other types of lethal violence to involve a female victim, multiple victims, take place in a residential setting and to be committed by a firearm. Although homicide-suicides display many similarities across the different countries, differences exist regarding age and the use of firearms in the offence. This study indicates that homicides followed by suicides differ from both homicides and suicides in similar ways internationally. Cross-national differences in the availability of firearms may explain the international variation of homicide-suicide rates and patterns.     

Exploring theoretical linkages between self-control theory and criminal justice system processing

Using Gottfredson and Hirschi's (1990) self-control construct for theoretical leverage, this conceptual article offers a preliminary framework for examining discretion, criminal justice decision-making, and criminal justice system behavior. Low self-control likely facilitates negative interactions between defendants, police, judicial officers, and correctional staff, potentially affecting discretionary outcomes. Research questions are provided for future investigators to begin empirical assessment of the relationships between self-control and criminal justice processing. As a global construct, self-control could be incorporated into criminal justice models as a potentially robust correlate of discretion, decision-making, recidivism, and offender noncompliance with the criminal justice system.     

船舶油污损害公约在中国的适用问题研究

根据国际法理论,条约在内国法上的效力由一国国内法予以规定。面对目前中国国内法规定对于船舶油污损害公约在中国的适用位阶和适用边界并不明确的问题,一种适当的解释方法应当是:与船舶油污法规相比,在中国,船舶油污损害公约应当优先适用,并且这种优先效力当然及于涉外情形。不过在非涉外情形下,立法意旨和倾向表明国内法应当予以适用。     

Police observation and the 1990 schengen convention

Conclusion In spite of the different conditions, all of the five countries which originally signed the Schengen Convention seem to allow and use observation as a method of criminal inquiry, at least to a certain extent. However, the only country in which practically every type of observation is based on statutory provisions is Germany. The interpretation that the Constitutional Court has given to the privacy and the freedom of the individual has led to the situation that Germany now has an extremely detailed and vast system of legislation on breaches of privacy by the state in general and on observation in particular. One could therefore think that the reason for the existence of this German legislation is a typically German one. But is this really true?The creation of an explicit legislation on police observation powers would also bring more clarity into the undefined terminology used in the Schengen Convention and clarify the legal position and situation in which observing police officers might find themselves (in their own country as well as abroad). Furthermore, it would go some way to controlling the activities of the police in the highly sensitive field between the common interest of criminal investigation and the individual interest of privacy. It leads one to seriously wonder if the use of intensive observation techniques by the police without a statutory basis is in accordance with the right to privacy as guaranteed by article 8 of the European Convention on Human Rights ...This article is based on a contribution to the 11th International Congress on Criminology, held August 22–27, 1993 in Budapest (Hungary). It was written with financial support of the Legal Research Foundation, which is part of the Netherlands Foundation for Scientific Research (NWO), and of the Dutch Ministry of Internal Affairs. The author would like to thank Chantal Joubert, especially for providing him with information on Luxembourg and France, Prof. dr. Jan Naeyé for his commentary on a previous version of the article and Frank Klaassen for his very special contribution to the presentation in Budapest.     

Improving the linkages between domestic violence referral agencies and the police: A research note

Domestic disputes pose serious threats to police officers and disputants alike. Crisis intervention training programs have improved the ability of police to quell a conflict temporarily, but national studies show that retuns to some households are not unusual, and they are increasingly hazardous. There are a number of service agencies in most jurisdictions having the goal of offering assistance to domestic disputants in hopes of a more permanent resolution to the conflict, but the linkage between these agencies and the police has been unsatisfactory. This article describes a program implemented at the Washtenaw Country Sheriff's Department, Ann Arbor, Michigan, designed to increase the rate of referral contact by domestic disputants. The program was implemented for a six-month period, and increased the follow-up contract rate by 600 percent.